ARTZ v. HURLEY


334 Mass. 606 (1956)

137 N.E.2d 916

MILTON ARTZ vs. WILLIAM A. HURLEY.

Supreme Judicial Court of Massachusetts, Hampden.

November 5, 1956.


Attorney(s) appearing for the Case

Edward N. Hurley, for the defendant.

Harry M. Ehrlich & J. Leo Dowd, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The jury found for the plaintiff in this action of tort to recover for property damage caused by the escape of water from second floor premises occupied by and in the control of the defendant onto first floor store premises of the plaintiff. There is here presented the defendant's exception to the denial of his motion for a directed verdict.

The escaping water was discovered a little after 7 A.M. February...

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